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LISA GILL
M/s. SGM Packaging Industries – Appellant
Versus
M/s. Goyal Plywood LLP – Respondent
JUDGMENT
Lisa Gill, J. (Oral). - This petition has been filed under Section 14 of the Arbitration and Conciliation Act (for short 'Arbitration Act') read with Section 151 CPC seeking termination of the mandate of the Sole Arbitrator.
2. It is submitted that the petitioner is a proprietorship firm engaged in manufacturing of corrugated boxes, packaging material and other material which is used in logistic industry for safe transportation of goods. Respondent is stated to be a supplier of plywood and other wooden material used in the manufacturing of corrugated boxes and other packaging material by the petitioner. Respondent claimed an outstanding amount qua the petitioner in respect of goods supplied by it to the petitioner in the year 2016. Claim was filed by the respondent before the Haryana Micro and Small Enterprises Facilitation Council (for short 'HMSEFC') claiming an amount of Rs. 14,01,505/-.
3. It is contended that the matter was referred for arbitration without any valid order being passed on conciliation proceedings under the Micro, Small and Medium Enterprises Development Act, 2006 (for short 'MSMED Act') Petitioner is stated to have received notice dated 08.06.2020 from th
The judgment established the overriding effect of the MSMED Act over the Arbitration Act, emphasizing the entitlement of the respondent to approach the HMSEFC for redressal of its grievance, and the ....
The central legal point established in the judgment is the importance of following the prescribed procedures and principles of natural justice in arbitration proceedings under the MSME Act and the Ar....
The main legal point established is that arbitration proceedings under the MSMED Act must adhere to the procedural requirements of the Act and the Arbitration and Conciliation Act, 1996.
The mandatory pre-deposit requirement under Section 19 of the MSMED Act, 2006 for challenging an award and the overriding effect of the MSMED Act, 2006 over the Arbitration Act, 1996 in specific disp....
The arbitration proceedings can only be challenged on jurisdictional grounds established under the Arbitration and Conciliation Act, and timeliness in raising such challenges is critical.
Section 34 of the Arbitration and Conciliation Act provides a limited window of challenge to an arbitral award, and a violation of a statute, not tied to public policy or public interest, cannot serv....
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